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2010-09-27 10-333 ORDER
COUNCIL ACTION 1 .t- : 3 3 Item No. Date: September 27, 2010 Item/Subject Order, Granting Easement to Bangor Hydro Electric Company — Bangor Waterfront Park Responsible Department: Engineering Commentary: The attached Order would grant an easement to Bangor Hydro Electric to provide underground electric service at the southerly end of the Waterfront Park. By granting this easement Bangor Hydro will be responsible for operating and maintaining the system rather than the City. A copy of the easement and location map is attached. Departm�He Manager's Comments: This Easement request was reviewed and recommended for approval by the Infrastructure Committee. WMIANWAIMM mu'61 City ManageL Associated Information: Easement, Council Order, and Council Action Budget Approval: FinanceDirector Legal Approval: 'ity Solicitor Introduced for X Passage First Reading Page _ of Referral 10-333 Assigned to Councilor Blanchette September 27, 2010 of RA* o. CITY OF BANGOR OR EAiEDF (TITLE.) ORDER, Granting Easement to Bangor Hydro -Electric Company — Bangor Waterfront Park By the City Council of the City of Bangor, Ordered, That an easement is hereby granted to Bangor Hydro -Electric Company to install and maintain underground electric service at the southerly end of the Waterfront Park, said easement to be in a form acceptable to the City Solicitor. IN CITY COUNCIL September 27, 2010 ZPsed CITY CLERK (WITLE,)r_r'nting Easement to Bangor ByA Vlad-tric c any -Bangor Waterfront Assigned -to 5' DIA. CONIC.. }P-ULL BOX _I TWO 6" CONDUITS (BASED ON LOCATIONS SUPPLIED BY THE CITY OF BANGOR ENGINEERING DEPARTMENT) t Q 0 J � � Q THE EASIITYYEOF Q BBANGOR SEPTEMBER 3. 2010 THE UNDERGROUND FILE f2008-187 I W Im Z3 —1— 0 EASEMENT AREA 'J" I a W --1 — N 5856'17" W _Z I Q 11.01' OMITS OF 20 -FOOT WIDE EASEMENT STRIP — I OVERHEAD I _t_WARE - I N 42'04'11" E 8.00' — I S 82'48'41' W I ---t- 14.91' EXISTING UTILITY (POLE (NO NUMBER) _ I EXHIBIT "A" © ''SLIGHT POST (TYP.) S'10" E SEWER MANHOLE 37.00; (�•) �® SEWAGE •��ELECTRICAL BUILDING E CABINET S 06'15'50" W 20.00' N 83'46'17" W 15.44' EASEMENT AREA 3.885 SOFT. oloKv1 NOW OR FORMERLY z w CITY OF BANGOR 12 '� 1 BK. 6248 - PG. 330 IMSEWALL JAMES W SEWALL COMPANY /Sr"ce 1880 SEW 11.LCOM 80D 648 4201 AN INTEGRATED TEAM Of GEOSPATIAI, ENGINEP.RINQ SURVEYING AND NATURAI RESOURCE. CONSULTANTS (LEASE TO THE q� SHELLY COMPANY >1 BK. 9333 -PG. 148) i a m z m 0 0 3 EXISTING BANGOR HYDRO � � THE EASIITYYEOF I HEREBY CERTIFY THAT AS OF BBANGOR SEPTEMBER 3. 2010 THE UNDERGROUND FILE f2008-187 I CONDUIT SHOWN HEREON IS LOCATED ECPLAN OROED AT TTHE .0 R D.) < EASEMENT AREA 'J" I a BK. 11522 -PG. 273 I IMSEWALL JAMES W SEWALL COMPANY /Sr"ce 1880 SEW 11.LCOM 80D 648 4201 AN INTEGRATED TEAM Of GEOSPATIAI, ENGINEP.RINQ SURVEYING AND NATURAI RESOURCE. CONSULTANTS (LEASE TO THE q� SHELLY COMPANY >1 BK. 9333 -PG. 148) i a m z m 0 0 cr \ mss "JOHN 10. \ = ALLEN 2311 r ���� ' St ® LEASE LINE \ �N�rhl7gnu11100 1 IRON REBAR (FOUND) 136 Cwdw SYML P.O. Boot 433, OU Town, Who 0410604U 207 027 4400 Fu 207 627 5611 WoCbw bLwm wwwxwwl.aom 1"=30' PLAN SHOWING LOCATION OF UNDERGROUND ELECTRIC EASEMENT SERVING "THE CITY OF BANGOR" BANGOR, MAINE FOR BANGOR HYDRO -ELECTRIC COMPANY �j 3 In I} CERTIFICATION: I HEREBY CERTIFY THAT AS OF SEPTEMBER 3. 2010 THE UNDERGROUND CONDUIT SHOWN HEREON IS LOCATED N 07'11'19' W WITHIN THE BOUNDS OF THE EASEMENT 5.15' AREA AS INDICAT61) — N 5856'17" W SIGNED 11.01' JOHN H. ALLEN, PLS /2311 cr \ mss "JOHN 10. \ = ALLEN 2311 r ���� ' St ® LEASE LINE \ �N�rhl7gnu11100 1 IRON REBAR (FOUND) 136 Cwdw SYML P.O. Boot 433, OU Town, Who 0410604U 207 027 4400 Fu 207 627 5611 WoCbw bLwm wwwxwwl.aom 1"=30' PLAN SHOWING LOCATION OF UNDERGROUND ELECTRIC EASEMENT SERVING "THE CITY OF BANGOR" BANGOR, MAINE FOR BANGOR HYDRO -ELECTRIC COMPANY �j 3 In I} 1C; 333 KNOW ALL MEN.BY THESE PRESENTS, That the CTTY4OFBANGOR, amunicipal corporation having its.principal offices at 73 Harlow Street, Bangor, County of Penobscot, State of Maine, being the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as follows, viz: Being LOT.2 of the premises conveyed by Maine Central Railroad Company to -the Grantor herein by deed dated August 8, 1996, and recorded in the Penobscot County Registry of Deeds in Book 6248, Page 330; for consideration given byBANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and existing under -the laws of the State of Maine and having its principal place of business at Bangor, County of Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to saidBangor Hydro -Electric -Company, its successors and.assigns forever, the rights, privileges and easements hereinafter set forth, which are to be exercised upon and with -respect to so much of a strip of land 20 feet in width for its entire length as lies within -the. aforesaid lands, beginning at a utility pole located on land of the Grantor at the northerly end of Easement Area Parcel J described in an easement deed dated August 7, 2008, and recorded in the Penobscot County Registry of Deeds in Book 11322, Page 273, thence extending northerly a distance of 120 feet, more or less, to a concrete transformer pad. Said strip being shown on Exhibit "A" attached hereto and made a part hereof. The rights, privileges and easements hereby conveyed for utility purposes with respect to said strip are as follows: to enter upon said lands with men and conveyances and all necessary tools, machinery, equipment and supplies; to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove underground wires, cables, conduits, ducts, transformers, foundations, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity, as the Grantee herein may from time to time desire, upon and/or beneath the surface of the earth; the right to transmit electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers, switching equipment, protective and safety devices, manholes and other apparatus; and the right to keep said strip cleared by any lawful means of trees, undergrowth and all other obstructions. Also conveying the right to extend underground lines from said strip to facilities and buildings as now located or to be located on said premises. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the rights, privileges and easements to construct, maintain and operate a line of poles and wires with their fixtures and supports, on a temporary basis, on said lands in such a manner as to provide electric service to facilities and buildings being served by the herein described underground system; in the event a fault occurs in the underground system during a period of time when it may be difficult or impossible, due to weather conditions, ground conditions or otherwise, to repair such underground system; said line of poles and wires to be dismantled by said Bangor Hydro -Electric Company when such fault is corrected; and to transmit electricity and intelligence over said wires and apparatus, and to clear and dispose of interfering trees and other growth from time to time. The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building, trailer, mobile home, swimming pool, or other structure, of any kind or nature, upon said strip any or all of which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise of any of the rights, privileges and easements hereby conveyed. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right to establish any and all safety regulations which said Company, in its sole discretion, deems necessary and proper for the transmission of electricity or intelligence, and for the construction and maintenance of said poles, wires, anchors, cables, conduits, ducts, transformers, foundations, switching equipment, protective and safety devices, manholes, and other apparatus used or useful for the transmission of electricity. Any interference or violation by said Grantor, its successors and assigns, as determined by the Grantee, of said safety regulations, shall constitute an interference with and violation of the rights, privileges and easements hereby granted. This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of the Grantor's land to its prior conditions after an excavation or disturbance to said surface in connection with the exercise of the rights, privileges and easements herein granted, such restoration to be limited to regrading, regrass-seeding, and reasphalting of said surface. Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the power -to assign to others, in whole or in part, any or all of the rights, privileges, and easements herein set forth. TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric Company, its successors and assigns, forever. IN WITNESS WHEREOF, It, the said City of Bangor has caused this instrument to be executed by its duly authorized representative this day of September, 2010. City of Bangor By: print name: title: STATE OF MAINE County of Penobscot, ss: September 2010. Personally appeared the above-named and acknowledged the foregoing instrument to be his/her free act and deed, in his/her aforesaid capacity, and the free act and deed of the City of Bangor. Before me, Print Name of Notary: Notary Public